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(영문) 서울서부지방법원 2018.10.31 2018가단224180

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from June 12, 2018 to the day of complete payment.

Reasons

According to Gap evidence No. 1 and the whole purport of oral argument, the following facts are recognized:

① On September 8, 2017, the Plaintiff and the Defendant lent KRW 40 million to the Defendant without an interest agreement, and the Defendant agreed to make payment within five days from the date of receipt of the request upon the Plaintiff’s request for payment.

② Accordingly, from September 8, 2017 to September 26, 2017, the Plaintiff lent KRW 40 million to the Defendant three times.

③ Around March 2018, the Plaintiff demanded payment to the Defendant.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million and damages for delay calculated at the rate of 15% per annum from June 12, 2018 to the date of full payment, as requested by the Plaintiff, which is the day following the delivery date of a copy of the complaint of this case.

After that, the Defendant asserts that the Plaintiff and the Defendant agreed to pay in installments the principal amount of each month, and accordingly, that the Defendant paid in installments the principal amount from September 2017 to November 2017.

However, there is no evidence to admit the defendant's assertion.

If so, the plaintiff's claim is justified.